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GAZETTE

' APRIL 1990

both plaintiffs and defendants in

this area.

Perhaps the most surprising as-

pect of Mr. McKechnie's presenta-

tion was the forcefulness with

which he argued for a 'no-fault'

system of compensation for those

who suffer injury as a result of

medical treatment. The case for it

was, he said, "so strong as to be

virtually unanswerable". This is

certainly a major issue for the

future.

The other Irish legal contributor

to the Conference was Adrian

Glover, Solicitor, who presented the

defence viewpoint. He expressed

the opinion that the level of

damages in medical negligence

cases may have reached a plateau

and he stated that, on behalf of his

medical clents, he did make in-

formal discovery of all records and

X-rays at an early stage, when

requested to do so. He made some

interesting observations on the gap

in communication between doctor

and patient, on the drop in applica-

tions to medical schools and on the

staggering increase in subscription

rates paid by doctors to the Medical

Protection Society, who, together

with the Medical Defence Union,

are the main professional indemnity

insurers for doctors in the UK and

in this country. Mr. Glover pointed

out that the two medical defence

organisations are not commercial

insurance companies and do not

settle cases on the ground of

expediency, even if, by reason of

the high costs involved, it would be

far cheaper for them to do so; and

if they believed that their doctor

member has not been negligent in

a particular case, that case would

be fully defended, whatever the

cost.

Other legal contributors were

Ann Alexander, London Solicitor,

and Roger Brosnahan, Minnesota

lawyer, on respectively the English

Experience and the American

Experience; and, Robert Mackrill,

Accountant of BDO Binder Hamlyn,

on Assessing Quantum - and the

Use of Forensic Accountants.

The medical speakers at the

Conference, dealing with problems

in the areas of anaesthesia, general

surgery, obstetrics and gynaeco-

logy, and orthopaedics were

Professor John Robinson, Emeritus

Professor

of

Anaesthesia,

Birmingham University; Mr. J. A.

Dormandy, Cnsultant Surgeon, St.

Georges & St. James' Hospital,

London; Mr. Roger Clements,

Consultant in Obstetrics and

Gynaecology; and Professor

Thomas Duckworth, Professor of

Orthopaedics.

To conclude on a light note, the

following description was given by

one of the medical contributors of

the troubled relationship between

the surgeon, the anaesthetist and

the patient - "the half-awake

being dealt with by the half-asleep

being half murdered by the

half-wit".

By comparison, the relationship

between solicitors and barristers

seems extraordinarily untroubled!

•Action for V i c t ims of Medical

Accidents (AVMA), Bank Chambers, 1

London Road, Forest Hill, London S E 23

3TP; Tel London (01) - 291-2793.

Founded by Dr. A. J. F. O'Reilly to honour the memory

of his late father, the Fund provides a

SCHOLARSHIP of £5,000

to contribute towards the cost of attendance at a

full-time or part-time MBA course.

The Fund seeks to promote knowledge of Commercial

Law and Corporate Finance among young Irish solicitors.

Award is by competition, open to all apprentices and

solicitors qualified within the last five years who satisfy

entry requirements for an approved MBA course, whether

at home or abroad.

Competition will have two tiers:

(1) An essay of between 3,000 and 5,000 words in a

Commercial Law subject chosen by the candidate;

(2) A panel interview which will assess the background

interests, motivation and potential of selected

essayists.

Applications to participate to be made not later than the

18th May; completed essays by the 30th June, 1990. It

is hoped that the successful candidate will commence

the study programme in autumn 1990.

Telephone or write to Professor L. G. Sweeney, Director

of Training, Law Society, Blackhall Place, Dublin

(710711).

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